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HANDRON v. SEC'Y DEPT. OF HEALTH AND HUMAN SERVS.

No. 10-1021.

677 F.3d 144 (2012)

John D. HANDRON, Ph.D., Appellant v. SECRETARY DEPARTMENT OF HEALTH AND HUMAN SERVICES, c/o General Counsel Dept of Health and Human Services.

United States Court of Appeals, Third Circuit.

Filed: April 20, 2012.

Attorney(s) appearing for the Case

John D. Handron , Ph.D., Cape May Courthouse , NJ, pro se, Appellant.

James B. Clark, III. Esq. , Office of the United States Attorney, Newark, NJ, Rachel H. Park, Esq. [ARGUED], U.S. Department of Health & Human Services, Office of General Counsel, New York, NY, for Appellee.

David M. Laigaie, Esq. [ARGUED], Dilworth Paxson , Philadelphia, PA, for Amicus Appellant, Court Appointed Amicus Curiae.

Before: SCIRICA, RENDELL and SMITH, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

Dr. John Handron, a psychologist, appeals from the denial of his request for counsel fees following his challenge to the government's claim that he had overbilled Medicare and owed the government more than $600,000 in overpayments. At an ALJ hearing to contest the government's claim, Dr. Handron presented extensive evidence, but the government neither appeared nor presented argument or advocacy, either written...

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